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Eligible Dependent Care Assistance Program Expense Table

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Eligible Expenses -

Please Note -

Expense Type

Is Expense an Eligible Expense?

Comments

After School Care or Extended

Day Programs Eligible Expense

These programs generally are not educational in nature. Their primary purpose is to care for children while parents are at work. However, educational expenses (e.g. tuition) are not eligile.

Agency Fee Eligible Expense

Is eligible if it is an expense that must be paid in order to obtain the related care. However, the fee cannot be reimbursed until the service is provided. Fees that are forfeited (e.g. because the employee selects a different provider) will not be eligible.

Application Fee Eligible Expense

Is eligible if it is an expense that must be paid in order to obtain the related care. However, the fee cannot be reimbursed until the service is provided. Fees that are forfeited (e.g. because the employee selects a different provider) will not be eligible.

Assisted Living See Custodial care and Elder Care.

Au Pair Eligible Expense

Amounts paid to an au pair to care for a qualifying individual may be eligible as dependent care assistance expenses. In addition, an up-front fee paid to employ the au pair may eligible as a child-care expense if it is an expense that must be paid in order to obtain related care, but it should not be reimbursed until the service is provided

Babysitter Eligible Expense

Is eligible unless the baysitter is (1) under age 19 and is the employee's child, stepchild, or eligible foster child: (2) an individual for whom the employee or spouse can claim a deduction on IRS Form 1040; (3) the employee's spouse; or (4) a parent of the employee's under age 13 qualifying child. However the cost of a babysitter while an employee and spouse go out to eat is not nomally a work-related expense and generally is not eligible.

2. Funds are not available until they have been contributed.

Eligible Dependent Care Assistance Program Expense Table

These are expenses that qualify for reimbursement by a DCAP if they are:

For the care of qualifying individuals (children under the age of 13 or dependents incapable of self

care) - and enable the participant and spouse to be gainfully employed.

(2)

Before-School Care or Extended

Day Programs Eligible Expense

Is eligible if used to enable the employee and spouse to be gainfully employed. These programs generally are not educational in nature. Their primary purpose is to care for children while parents are at work. However, educational expenses (e.g. tuition) won't are not eligible.

Camp See Day camp and Overnight camp.

Chauffeur Not an eligible expense

Amounts Paid to Child of

Employee Under Age 19 Not an eligible expense See Relative.

Amounts Paid to Child of

Employee Age 19 or Over Eligible Expense

Is eligible only if neither the employee nor the spouse can claim an exemption for the child. See Relative.

Clothing Potentially Eligible Expense

Small amounts may be eligible if incidental to and inseparably a part of the dependent care (e.g., a t-shirt included with preschool care). Will not be eligible if charged seperately from dependent care expense.

Cook Potentially Eligible Expense

Generally is not eligible. However, amounts paid for the services of a cook may be expenses for household services (and thus possibly may be eligible) if a part of those services is provided to the qualifying individual. Expenses for such services are likely to be closely scrutinized by the IRS. See Household services.

Custodial Care Eligible Expense

Is Eligible only if (1) such expenses are not attributable to medical services: (2) the person in custody is a qualifying individual; and (3) the qualifying individual (other than a qualifying child under age 13) still spends at least eight hours each day in the

employee's household. See Elder Care.

Day Camp Eligible Expense

The cost of a day camp or a similar program to care for a qualifying individual may be eligible, even if the day camp specializes in a particular activity (e.g. soccer or

computers). Separate equipment or rental charges (e.g., a laptop rental fee for a computer camp) won't be eligible. Also, summer school expenses are considered primarily for education rather than for care and won't be eligible. See Tuition expenses.

Dependent Care Center Eligible Expense Will be eligible if the center meets the requirements of Code § 21 (b)(2)(C), including compliance with all applicable laws and regulations.

Deposit Eligible Expense

Is eligible if it is an expense that must be paid in order to obtain the related care. However, the fee should not be reimbursed until the service is provided. A deposit that is forfeited (e.g. because the employee selects a different provider) will not qualify.

(3)

Disabled Qualifying Child Under

age 13 Eligible Expense

The requirement that at least eight hours per day be spent in the employee's household in order for care provided outside the employee's household to be eligible for reimbursement does not apply to a qualifying child under age 13, whether or not the qualifying child is incapable of self-care. Any care provided outside the household, however, must enable the employee and spouse to be gainfully employed, and other restrictions must still be met.

Educational Expenses -

Kindergarten See Kindergarten.

Educational Expenses -

Preschool/Nursey School See Preschool/nursery school.

Elder Care Eligible Expense

Will qualify only if (1) such expenses are not attributable to medical services: (2) the elderly person is a qualifying individual; and (3) in the case of services provided outside of the employee's household, the person still regulary spends at least eight hours each day in the employee's household. Elder day care will often qualify, but around-the-clock care in a nursing home will not. See also Custodial Care.

Extended Day Care See After-school care and Before-school care.

Entertainment Potentially Eligible Expense Small amounts may be eligible if incidental to and inseparably a part of the dependent care. Will not be eligible if charged seperately from dependent care expense.

FICA and FUTA taxes of day-care

provider Eligible Expense Is eligible if the overall expenses of the care provider qualify.

Food Potentially Eligible Expense

Small amounts may be eligible if incidental to and inseparably a part of the dependent care. Will not be eligible if charged seperately from dependent care expense, (e.g. lunch included with preschool care).

Gardener Not an eligible expense

Housecleaning Services Not an eligible expense Will not be eligible where the housecleaning services do not have any component of child care as part of the duties. See Household Services and Housekeeper.

Household Services - e.g.,

housekeeper, maid, cook Potentially Eligible Expense

Generally is not eligible, except where attributable in part to care of a qualifying individual. See also Chauffeur, Gardener, Maid, Cook and Security System. Expenses for such services are likely to be closely scrutinized by the IRS.

Housekeeper Potentially Eligible Expense

Generally is not eligible. However, amounts paid for the services of a housekeeper whose duties include caring for a qualifying individual may be expenses for household services (and thus may be eligible). Expenses for such services are likely to be closely scrutinized by the IRS. See Household Services.

(4)

Incidental Expenses - e.g., extra

charges for special activities Potentially Eligible Expense

Small amounts may be eligible if incidental to and inseparably a part of the dependent care. Will not be eligible if charged seperately from dependent care expense.

Kindergarten Not an eligible expense

Such expenses are primarily educational in nature, whether half- or full-day, private or public school, state-mandated or voluntary. See After-school care and Before-school care.

Late Fees Potentially Eligible Expense

Will be eligible if for late pickup (i.e., the fee is charged to care for the child because the child was picked up late)-the payment still relates directly to care of the child. Will not be eligible if for late payment (i.e., the fee is charged because the parent paid the child-care bill late)-the payment doesn't relate directly to care of the child.

Looking for Work (care that enables the employee or spouse to

look for work)

Eligible Expense

Is eligible if the person is actively looking for work. However, a person who does not find a job and has no earned income for the year will not be able to exlude the expenses from income.

Maid Potentially Eligible Expense

Generally is not eligible. However, amounts paid for the services of a maid may be expenses for household services (and thus possibly may be eligible) if a part of those services is provided to the qualifying individual. Expenses for such services are likely to be closeley scrutinized by the IRS. See Household Services.

Nanny Eligible Expense

Is eligible to the extent that the amounts paid are attibutable to the care of a qualifying individual and to household services attributable in part to care of a qualifying individual. See Au Pair and Registration Fees.

Nursery School See Preschool/nursery school.

Nursing Home See Elder Care.

Overnight Camp Not an eligible expense Expenses for overnight camps are not employment-related expenses. See Day Camp.

Amounts Paid to Parent of Employee's Under Age 13

Qualifying Child

Not an eligible expense See Relative.

Part-Time Employment (payments to provider for periods when

employee works part-time)

Eligible Expense

If the employee is required to pay for care on a periodic (e.g., weekly or monthly) basis that includes both work and nonwork days, payments for periods that include both work and nonwork days will qualify in full. Otherwise, expenses must be allocated between work and nonwork days.

Placement Fees for Finding a

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Prepaid Fees for Care Potentially Eligible Expense

Is not eligible to the extent that the dependent care services have not been provided. Is eligible after the services to which the fees relate have been provided, if the services otherwise qualify as employment-related expenses. Full or partial payment for dependent care services at the time of registration (e.g., because a summer camp is popular) will not be eligible until the service is provided. See Deposit. Fees that are forfeited (e.g., because the employee selects a different provider) will not be eligible.

Preschool/Nursery School Eligible Expense

Is eligible if used to enable the employee and spouse to be gainfully employed. These programs generally are not educational in nature. Their primary purpose is to care for children while parents are at work. However, educational expenses (e.g. tuition) will not be eligible.

Recreation Potentially Eligible Expense Small amounts may be eligible if incidental to and inseparably a part of the dependent care. Will not be eligible if charged seperately from dependent care expense.

Registration Fee Eligible Expense

Is eligible if the fee must be paid in order to obtain care. However, the fee should not be reimbursed until the service is provided. Fees that are forfeited (e.g., because the employee selects a different provider) will not be eligible.

Amounts Paid to Relative Eligible Expense

Is eligible unless the relative is (1) under age 19 and is the employee's child, stepchild, or eligible foster chile: (2) an individual for whom the employee or spouse can claim a deduction on IRS Form 1040; (3) the employee's spouse; or (4) a parent of the employee's under age 13 qualifying child.

Expenses Incurred in Connection

With Self-Employment Eligible Expense Are eligible to the extent that they are incurred for dependent care.

Sick-Child Facility Eligible Expense Is eligible when incurred to enable the employee to go to work when the child is ill - i.e. when the primary purpose is child care.

Sick Employee (payments to provider for periods when sick

employee stays home)

Potentially Eligible Expense

If the absence is considered short and temporary and the caregiving arrangement requires the employee to pay for care during the absence, then a payment for a period that includes the absence will be eligible for reimbursement in full; other absences generally won't be eligible. An absence of up to two consecutive weeks is considered short and temporary; whether a longer absence is eligible will depend on facts and circumstances.

Amounts Paid to Spouse of

Employee Not an eligible expense See Relative.

Summer Day Camp See Day Camp.

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Transportation Expenses Potentially Eligible Expense

Is eligible if for transporting a qualifying individual to or from a place where care is provided and the transportation is furnished by a dependent care provider. Otherwise, such expenses generally are not considered to be for care, but might be eligible if part of the dependent care charge (i.e., if incidental to and inseparably a part of the dependent care). Note that the IRS closely scrutinizes child-care expenses involving foreign travel.

Tuition Expenses Not an eligible expense Such expenses are primarily educational in nature.

Tutoring Programs Not an eligible expense Such expenses are primarily educational in nature.

Unemployment (care that enables employee or spouse to look for

work)

See Looking for Work - care that enables the employee or spouse to look for work.

Vacation (payments to provider for periods when employee is on

vacation)

Potentially Eligible Expense

If the absence is considered short and temporary and the caregiving arrangement requires the employee to pay for care during the absence, then a payment for a period that includes the absence will be eligible for reimbursement in full; other absences generally will not be eligible.

Volunteer work (care that enables

References

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